Letting a property
Fire and safety
It is a legal requirement that any furniture used in a property to be let, complies with the Fire and Furnishings regulations. These are explained below.
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The Furniture and Furnishings
(Fire) (Safety) (Amendment) Regulations 1993
These regulations aim to improve safety by requiring all furniture and furnishings in rented properties to pass the 'cigarette test'.
New furniture is marked with a kite ticket to show that it passes the test.
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Property that was first let Prior to 1st March 1993
The transitional period expired on 31st December 1996 during which time all existing furniture (to which the regulations apply) which was supplied and already in use in the same letting property before 1st March 1993 could continue to be used until 31st December 1996 whether or not there was a change in tenants.
After 1st January 1997 all furniture and furnishings supplied, whether new or old, and whether or not previously incorporated in a letting, had to comply.
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Property that was not let Prior to 1st March 1993
All upholstered furniture and furnishings in accommodation made available for letting for the first time since 1st March 1993 must meet the Requirements.
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Furniture and Furnishings that have to Comply
The Regulations apply to all upholstery and upholstered furniture and loose fittings, permanent or loose covers including : beds, mattresses, pillow, sofas, armchairs, scatter cushions and beanbags.
Carpets and curtains are not covered by the Regulations.
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Introducing New Furniture
All furniture and furnishings introduced into a let property after 1st March 1993 must comply with the Regulations. Most furniture manufactured since 1983 will probably comply.
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Exclusions to the Regulations
Furniture that was manufactured before 1st January 1950 does not need to comply with the regulations, as apparently the inflammable materials were not in use prior to 1950. This exempts 'period' or antique furniture.
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Penalties for Non Compliance
The offence carries a punishment of six months' imprisonment or a 'level 5' fine (currently £5,000), or both
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Electricity Safety
The safety of Consumer Goods is controlled by the requirements of the Consumer Protection Act 1987. These requirements extend to 'consumer goods' supplied in the course of business - in this case rented accommodation. The landlord is responsible for ensuring that safety rules are complied with - in particular that all electrical appliances are safe for use i.e. that there should be no risk, apart from one reduced to a minimum, that the electrical equipment will in any way cause death or personal injury to any person.
Other legislation (principally The Electrical Equipment (Safety) Regulations 1994) covers electrical installations and the safest way of avoiding prosecution for breach of one of the many regulations is to ensure that everything in the rented property is regularly checked and serviced.
Most items which have been purchased since June 1989 should meet British Standards.
If an appliance is older than this it should be checked by a competent electrician.
Electrical Equipment should be checked for the following:
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Live parts should not be accessible.
Leads should not be worn or frayed and be complete with no joins.
Correct plugs (marked BS1363) should be fitted and correctly fused.
Any moving parts should be guarded.
Electric blankets should be serviced according to the manufacturer's instructions.
Microwave doors should be clean, free from corrosion and effective.
Washing machines, cookers etc, should be serviced and in good working order.
Electric heaters and central heating appliances should be serviced annually.
Fireguards should meet BS3248.
Any fire extinguishers should meet BS3248.
Fire blankets should be marked BS6575 1985.
Smoke Alarms
The Building Regulations 1991 require that all properties built since June 1992 must have mains operated interlinked smoke alarms fitted on every floor.
There are no such regulations regarding older property but it is recommended that smoke alarms be fitted to all properties.
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Other Safety Regulations
Where a house is divided into flats, the Landlord retains control and occupation of all the commons ways. Legislation such as the Housing (Management of Houses in Multiple Occupation) Regulations 1990, the Occupiers Liability Act 1958 and the Housing Act 1985 place responsibility on all landlords for the safety of tenants and visitors and anyone else who comes into the building.
All fire safety regulations must be adhered to and there must be full provision of such fire precaution works as the local authority or fire service may require.
